Weather affects delivery, now being charged £300 for re delivery!

mawk86

davidmcn said:

mawk86 said:

davidmcn said:

Refer them to their own force majeure clause. 

We did that, he said it’s not his fault that it snowed but would pay £50 towards the delivery as a gesture of goodwill.

Yes, but it applies to both parties. So you can't claim against them for late delivery if it was caused by the weather, but neither can they surcharge you for delivery because the weather meant it had to be rescheduled.

Thanks for your advice, we have tried to reason with him but he is saying he shouldn’t be out of pocket and pay for two deliveries when the weather wasn’t his fault either. We suggested he speak to the courier and he said we are welcome to contact them on his behalf but they will say the same that they shouldn’t be out of pocket paying for fuel again! 

wesleyad

As the contract is drawn up by business it means any ambiguity will be his responsibility. As he states he shouldn't be out of pocket, but agrees, neither should you (from the force majeure clause), the he has to take the hit. It's part of doing business and should be priced into any ongoing costs (same as any distant selling business have to make adjustments for returns etc).

Courier is his problem, you have no contract with them. If he wants to try to recoup costs from them it's up to him and his contract with them,

mawk86

wesleyad said:

As the contract is drawn up by business it means any ambiguity will be his responsibility. As he states he shouldn't be out of pocket, but agrees, neither should you (from the force majeure clause), the he has to take the hit. It's part of doing business and should be priced into any ongoing costs (same as any distant selling business have to make adjustments for returns etc).

Courier is his problem, you have no contract with them. If he wants to try to recoup costs from them it's up to him and his contract with them,

That’s a great point about the courier that I’d not even thought of, thank you so much